Montgomery County Personal Injury Lawyer
How to File a Personal Injury Claim in Texas
Scott Law Firm is proud to represent residents of Montgomery County, TX in all types of complex personal injury cases. Based in Conroe, we provided trusted legal representation to the Greater Houston Area. Our award-winning team can guide you through the legal process of filing your claim and seeking the full, fair compensation you are owed.
The first step is reaching out to our Montgomery County personal injury lawyers for a free, no-obligation consultation. During this initial meeting, we will discuss the specifics of your case and determine whether we think you have a case we can win. The consultation is the time for you to ask your questions and answer ours. From there, we can inform you of the next steps, including how to file the claim and what comes after. Throughout the process, we will handle all of the details—from gathering accident reports and copies of your medical bills to negotiating with the insurance company—so that you can devote your time to resting, recovering, and moving forward with your life.
Do You Have a Case?
The first step in understanding and protecting your rights is understanding when you have grounds to bring a personal injury claim. Some accidents and injuries are truly unavoidable, but this is generally pretty rare. In most cases, accidents result from negligence. When someone else’s negligent or wrongful conduct causes you to be injured, you will likely have grounds to file a personal injury claim.
In Texas, you must prove all of the following elements to have grounds for a personal injury case:
- Another person/party owed you a duty of care
- That duty of care was breached
- This breach was the cause of your injuries
- You suffered damages
So, if another driver breached the duty of care by tailgating, but this did not result in an accident, you do not have a case. If, however, that driver rear-ended you and you suffered whiplash, you have the right to seek compensation for your medical bills, lost wages, pain and suffering, and other damages.
What Are Damages?
In a personal injury case, damages are any losses you suffered as a result of the accident and/or your injuries. These losses can be either financial in nature or more intangible.
Common damages in personal injury claims include:
- Emergency medical expenses (ambulance fees, ER fees, etc.)
- Rehabilitation therapy (cognitive and physical)
- Expenses associated with all medical treatment
- Lost income/wages, including future lost earnings
- Hospitalization costs
- Future medical care costs
- Reduced/lost earning ability
- Live-in and long-term care costs
- Counseling services
- Pain and suffering
Additionally, in the event that a person is wrongfully killed in Texas, certain eligible family members may file a wrongful death claim and seek compensation for damages such as funeral/burial expenses, lost income, lost care, the value of household/childcare services, and loss of love, companionship, comfort, support, guidance, society, etc.
How Long Do I Have to File a Personal Injury Claim in Montgomery County, Texas?
As in other states, you only have a limited amount of time to file a personal injury claim in Texas. The time limit is known as the statute of limitations and once it has passed, you will almost certainly be barred from seeking compensation.
Throughout Texas, including in Montgomery County, the statute of limitations on most personal injury cases is two years from the date of the accident/injury. However, the sooner you reach out to an attorney, the better. Your attorney can begin investigating the accident and examining all available evidence to put together the strongest possible case on your behalf.
How Our Firm Can Help
At Scott Law Firm, we handle a broad range of personal injury litigation, including cases involving:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Defective products
- Boating accidents
- Catastrophic injuries
- Oilfield injuries
This is not an exhaustive list; if you or someone you love was injured due to another person, company, or entity’s negligent or wrongful conduct, reach out to Scott Law Firm right away to learn how our Montgomery County personal injury attorneys can help.
“Wonderful experience”- Joanne A.
“Each of the team at Scott Law Firm was truly amazing.”- Justin O.
“I couldn't of asked for a better lawyer, this firm is awesome!”- Tiffany P.